IP Fridays - your intellectual property podcast about trademarks, patents, designs and much more Rolf Claessen and Ken Suzan

STOPfakes.gov







Information pages of the German Patent and Trademark Office for SMEs







Summary and Main Takeaways







Episode Overview: This episode features an interview with Michelle Sara King, the intellectual property team lead and senior international trade specialist at the International Trade Administration in the U.S. Department of Commerce. The discussion centers on her role, the initiatives she leads, and advice for businesses on protecting intellectual property (IP) internationally.







Main Takeaways:









* Role and Responsibilities:



* Michelle leads a team focused on protecting U.S. IP rights internationally.







* She has extensive experience in IP and international trade, contributing to improved IP enforcement globally.











* Key Initiatives:



* Stop Fakes Program: Educates businesses, especially SMEs, on protecting their IP. Provides resources, training, and support.







* International Collaboration: Works with global partners to enhance IP enforcement, involving negotiations, best practice sharing, and technical assistance.











* Challenges in IP Protection:



* Evolving IP Threats: New forms of IP theft and counterfeiting emerge with technological advancements, requiring constant updates in strategies.







* Complex International Cooperation: Varying levels of IP protection across countries necessitate continuous negotiation and diplomacy.











* Advice for Businesses:



* Proactivity: Register trademarks and patents in key markets, monitor for infringements, and act when necessary.







* Education: Utilize resources like the Stop Fakes program for best practices in IP protection.







* Professional Support: Engage experienced IP professionals for guidance and support.













This episode highlights the critical work being done to protect intellectual property rights globally and provides practical advice for businesses to safeguard their IP assets.







Rolf Claessen: Good afternoon. I am Rolf Claessen, and welcome to IP Fridays. Today, our special guest is Michelle Sara King, the intellectual property team lead, senior international trade specialist, and the Stop Fakes team lead at the International Trade Administration in the United States Department of Commerce. Michelle, welcome to the podcast.







Michelle Sara King: Good afternoon. I am Michelle Sara King. I am the intellectual property team lead, the senior international trade specialist, and the Stop Fakes team lead at the International Trade Administration in the United States Department of Commerce. Happy to be here. Thanks, Rolf.







Rolf Claessen: So tell us, what is the Stop Fakes program of the US government, and where does it come from? What is the main goal? Tell us more about it.







Michelle Sara King: The Stop Fakes program was created by a presidential order in the Bush administration as an opportunity to provide outreach and education about intellectual property to businesses of all sizes as well as consumers. The name of the Stop Fakes program is a bit of a misnomer because it’s focused primarily on education, outreach,

Profile of Angelo Mazza







Summary of the Most Important Points









* Introduction:



* Angelo Mazza, a partner at Gibney Anthony and Flaherty, LLP, is the guest on the IP Friday’s podcast. He specializes in brand protection and enforcement strategies and works extensively with law enforcement on intellectual property (IP) related crimes.











* Experience with US Customs and Border Protection (CBP):



* Angelo has over 30 years of experience training over 60,000 law enforcement officials, including US Customs, Border Protection, Immigration and Customs Enforcement, and the FBI. He started working with CBP in the early 1990s, training them on identifying various products and discussing enforcement-related matters.











* Evolving Threats and E-Commerce:



* The threats CBP faces have evolved significantly over time, with e-commerce being the biggest game-changer. The volume and type of cargo have increased, and CBP now deals with a much larger scale of goods, including counterfeit and illicit pharmaceuticals.











* De Minimis and Counterfeit Goods:



* The de minimis rule, which allows small-value parcels under $800 to pass duty-free, has been exploited by counterfeiters. This has led to a significant number of counterfeit goods entering the US, creating challenges for CBP in identifying and intercepting these goods.











* Customs’ Efforts and Operations:



* CBP has become more aggressive in stopping counterfeit goods and illicit pharmaceuticals, conducting operations like Operation Artemis and Operation Apollo. These efforts have led to a decrease in IP seizures as resources focus more on significant threats like fentanyl.











* Role of Rights Holders:



* Rights holders can protect themselves by recording their trademarks with CBP, providing training to customs officials, and responding quickly to inquiries about suspicious packages. Live training is preferred for its direct engagement and effectiveness.











* Success Stories:



* Angelo shared success stories where CBP’s efforts, in collaboration with HSI, led to the seizure of millions of dollars worth of counterfeit goods and the shutdown of operations exploiting the de minimis rule.











* US Chamber’s Memorandum of Understanding (MOU) with CBP:



* The US Chamber has developed an MOU with CBP, allowing brands to share worldwide seizure information, which aids in risk assessment and targeting counterfeit goods. This collaboration includes the donation of technology tools to assist customs in identifying counterfeit products.













Full Transcript







Introduction:







Our guest today on the IP Friday’s podcast is Angelo Mazza. Angelo is a partner with the law firm, Gibney Anthony and Flaherty, LLP, located in New York City. Angelo counsels clients in developing brand protection and enforcement strategies and works extensively with law enforcement on intellectual property related crimes. He has trained over 60,000 law enforcement officials, including US Customs and Border Protection, Immigration and Customs Enforcement, and the Federal Bureau of Investigation. For over 30 years, Angelo has provided training sessions for law enforcement at the federal, state,

In this interview with Rolf Claessen on the IP Fridays podcast, João Negrão, the executive director of the EUIPO, discussed the office’s recent developments and future plans. Negrão highlighted the conclusion of the consultation phase for the EUIPO’s 2030 Strategic Plan, emphasizing key areas such as financial sustainability, efficiency, effectiveness, and the integration of emerging technologies like artificial intelligence. He noted the challenges posed by political and economic volatility and the expansion of EUIPO’s competencies, including geographical indications.







Negrão addressed the potential new role of the EUIPO in handling non-binding essentiality checks for standard essential patents (SEPs), should the proposed regulation be approved. He assured that the EUIPO would adapt to these new competencies using a project management approach. The interview also covered the EUIPO’s new mediation center for IP disputes, launched in November 2023. Negrão explained that while mediation and conciliation have been offered by the Boards of Appeal since 2011, the goal is to expand these services to first-instance proceedings to provide cost-effective and timely alternatives to traditional dispute resolution.







Celebrating the EUIPO’s 30th anniversary, Negrão reflected on its growth from a small office to an organization with 1,200 staff members, protecting almost five million trademarks and designs. He cited significant achievements, including the establishment of the Observatory on IP Infringements. The conversation touched on the DesignEuropa Awards, now held annually, which recognize excellence in design across various categories, including industry, small and emerging companies, lifetime achievement, and young designers. These awards aim to promote the design system and celebrate outstanding work. You can apply here:







https://www.euipo.europa.eu/en/designs/designeuropa-awards/how-to-apply







Negrão discussed the EUIPO’s new competence in geographical indications for craft and industrial products, aimed at protecting local products, promoting quality recognition, and supporting local producers and regions in Europe. He also highlighted the EUIPO’s expanding international cooperation with countries like Ukraine, Moldova, and Georgia, aiming to harmonize IP systems globally and support European businesses by ensuring robust, predictable IP systems in these regions.







Finally, Negrão outlined his personal goals for the EUIPO, emphasizing his desire to use his extensive experience to contribute to the office’s further development. He aims to focus on strategic planning, cooperation with national and international IP offices, and addressing issues such as IP infringements and the underrepresentation of women in the IP system. Overall, the interview underscored the EUIPO’s efforts to improve the IP system, embrace new competencies and technologies, and support stakeholders through effective implementation and international cooperation.







Key Takeaways:









* EUIPO’s Strategic Plan:



* The consultation phase for the 2030 Strategic Plan closed recently.







* Key focus areas include financial sustainability, efficiency, effectiveness, and leveraging emerging technologies like artificial intelligence.







* The EUIPO aims to address challenges such as political and economic volatility and expanding competencies, including geographical indications.

Meet us for the 10th Anniversary in Atlanta in the 20th May 2024 at 6 pm! We only give away 20 tickets so it will be a very exclusive event! Reserve your ticket here!







https://ipfridays.com/meetup

We are celebrating the 10th birthday of our podcast IP Fridays! Join us in Atlanta on Monday evening, the 20th May 2024 and meet us in person! Details will be posted on our website ipfridays.com and on social media!  We had started the podcast at the 2014 INTA Annual Meeting in Hongkong so we thought it would be a good idea to celebrate the 10th anniversary also during an INTA Annual Meeting!







In this episode of the IP Fridays podcast, we were joined by three experts from Wisdom International Patent and Law Office in Taiwan: founder George J.H. Huang, patent attorney Sandy Huang, and international affairs manager Zoe Kwong.







The discussion began with an overview of the latest guidelines for computer software patents in Taiwan, which now require that the software significantly utilizes hardware resources to be eligible for patent protection. This marks a departure from older guidelines and incorporates elements from Japanese regulations.







The experts also compared patent eligibility criteria between Taiwan and China, noting significant differences. In China, the focus is on using technical means to solve technical problems according to natural laws, which can often lead to challenges in proving the technical nature of inventions, particularly those that might be considered as business methods or mathematical rules.







Moving to trademarks, it was noted that Taiwan operates under a “first to file” system and does not require evidence of use at the time of application. This is particularly important for overseas applicants to understand, as early filing can prevent issues with trademark squatting. Taiwan does not participate in the Madrid Protocol, so international applicants must file directly in Taiwan.







Recent legislative updates were also covered, highlighting the new accelerated examination process for trademarks in Taiwan, which can significantly shorten the registration timeline. However, this process is best suited for clear-cut cases, as complex or disputed marks may still face lengthy examinations.







The episode concluded with a look at changes to the trademark agent system in Taiwan, which now requires agents to pass an exam and undergo annual training to ensure they maintain a high standard of professional knowledge.







Overall, the podcast provided a comprehensive look into the intellectual property landscape in Taiwan, offering key insights and strategic advice for navigating patent and trademark issues in the region.







Here is the full transcript:







We have three guests today on the IP Friday’s podcast from Wisdom International Patent and Law Office, a law firm located in Taiwan. They are Mr. George J.H. Huang, Ms. Sandy Huang, and Ms. Zoe Kwong.







George J.H. Huang is the founder of Wisdom International Patent and Law Office. Having over 27 years of experience in the intellectual property field, George is skilled at handling patent, trademark, and design matters, from drafting and prosecution to cancellation opposition and other contentious work. George has also been individually ranked and recognized as a recommended individual in the IAM Patent 1000, the WTR 1000, and the Asia IP Rankings. He is the author of two Japanese books, Taiwan Trademark Practice Guide and Taiwan Patent Practice Guide, which are highly praised by in-house counsels and critics.







Sandy Huang graduated from the National Taiwan University with a master’s degree in chemical engineering. She is a registered patent attorney and her practice focuses on patent drafting, prosecution, disputes,

Clemens Heusch















Interview with Vice President and Head of Global Litigation and Disputes at Nokia Clemens Heusch – Patent Battle Nokia vs. Oppo – Unified Patent Court – Standard Essential Patents at the EUIPO – Episode 150 – IP Fridays